In a S1981 employment discrimination claim, A CBA provision allowing the employer to consider many factors in selecting employees for layoffs does not establish that the employer's use of seniority needs to be defended as nondiscriminatory. (The burden doesn't shift.)
Allegation of discriminatory refusal to rehire is sufficiently rebutted by employer's contention that candidate's skills were insufficient.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-19/C:17-1633:J:Kanne:aut:T:fnOp:N:2172953:S:0
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.